One of the most common questions I receive from Non-Resident Indian families is whether they need separate wills for their assets in India and those held abroad. As global mobility increases and NRIs accumulate wealth across geographies, estate planning has become more complex—and far more important. A well-structured will ensures that assets pass smoothly to the intended beneficiaries, without legal disputes, administrative hurdles, or unnecessary delays.

To begin with, NRIs are free to draft one consolidated will covering both Indian and overseas assets. Indian law does not restrict a single will from covering global holdings. However, probate—the legal validation of a will—must follow the laws of the country where the assets are located. This means a single will may have to undergo multiple probate procedures in multiple countries. For NRIs with assets across continents, that can lead to long timelines, higher legal expenses, and avoidable complications. That is where the idea of having separate wills becomes relevant.

Creating two or more jurisdiction-specific wills—one for India and one for assets abroad—can significantly simplify the settlement process. For example, an NRI based in the US or UK can draft a will that applies only to assets in that country, while drafting a separate Indian will exclusively for real estate, bank accounts, NRE/NRO deposits, mutual funds, or demat holdings in India. Doing so ensures each will is governed by the local laws of its respective country, allowing faster probate and smoother execution. Importantly, these wills must be drafted carefully to avoid overlap. Each must clearly state that it deals only with assets in that specific jurisdiction and that it supersedes no other will except within that defined scope.

Another factor to consider is residency and succession laws of the foreign country. Many Western countries follow different inheritance norms, including forced heirship rules or estate taxes. For example, the US levies federal estate tax above certain thresholds. The UK imposes inheritance tax. Having a local will prepared in accordance with local law helps families manage tax exposure and reduces the risk of beneficiaries facing unexpected liabilities. In contrast, India has no inheritance or estate tax at present, making succession planning simpler for Indian assets.

For NRIs, preparing separate wills also provides clarity when dealing with multiple executors, especially when family members live in different countries. An executor for Indian assets can reside in India and manage property, bank interactions, and courts more efficiently. An overseas executor can manage foreign accounts or investments without navigating Indian paperwork.

However, drafting multiple wills must be done with professional guidance. Poorly worded wills may unintentionally revoke one another. To avoid conflict, each will should contain a clearly defined jurisdiction clause. Legal counsel familiar with cross-border estate planning can ensure every document works in harmony.

In summary, NRIs need not create separate wills—but in most real-life scenarios, it is both practical and beneficial.